21 N.Y.S. 675 | N.Y. Sup. Ct. | 1893
The defendant is a fire insurance corporation, organized under the laws of the state of Pennsylvania. Section 1 of chapter 346 of the Laws of 1884 of this state provides:
“No fire, fire-marine, life, or casualty insurance company or association, organized or incorporated under the laws of any other state of "the United States or of any foreign government shall directly or indirectly issue policies, take risks, or transact business in this state until it has complied with the insurance laws, and having first appointed in writing the superintendent of the insurance department of this state to be the true and lawful attorney of such company in and for this state, upon whom all lawful process in any action or proceeding against the company maybe served with the same effect as if the company or association existed in.this state. A certificate of such appointment, duly certified and authenticated, shall be filed in the office of the superintendent of the insurance department, and copies certified by him shall be deemed sufficient evidence in regard thereto. Service upon such attorney shall thereafter be deemed a service upon the company or association. ”
The defendant was authorized to transact business in this state, and on July 7, 1884, duly appointed “the superintendent of the insurance department of said state, or his successor in office, its true and lawful attorney in and for-the state of New York, on whom all process of law, whether mesne or final, against said Fire Association, may be served in any action or special proceeding against said association in the state of New York, subject to, and in accordance with, all the provisions of the statutes of said state of New York now in force. * * * And the said attorney is hereby authorized and empowered, as the agent of said association, to receive and accept service of process in all cases as provided for by the laws of the state of New York, and such service shall be deemed valid personal service upon such association.” It is evident from the language of the statute that the legislature intended that the